§ 17. [Definitions.]
When used in this chapter [ordinance], the following terms shall mean as indicated below. Terms used in this chapter [ordinance] but not defined below which are defined in the Cable Communications Policy Act of 1984, 47 USC 521, shall have the meanings set forth in section 602 of the act, 47 USC 522, as amended.
Act shall mean the Cable Television Consumer Protection and Competition Act of 1992 as amended.
Compatible easement shall mean an easement open for the use of a cable operator pursuant to section 621(a)(2) of the act.
Drops shall mean the facilities and equipment used to provide cable services to an individual dwelling unit.
Easement holder or beneficiary shall mean the person to whom an easement was or is dedicated, deeded or granted, and the persons entitled to the lawful and permitted use of the easement.
Exclusive easement shall mean an easement which by its terms and which by law is for the exclusive use of the easement holder.
Facilities and equipment shall mean headends, hubs, antennas, wires, cables, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers, converters, appliances, attachments, poles and other property and equipment which are designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave, laser or other means, audio and video television, radio and electronic signals to and from subscribers and any other equipment or facilities used by grantee in connection with a cable system located within the city. In the context of public, educational, or governmental (PEG) access, it shall include all of the above and studios, cameras, antennae, dishes, buildings, chairs, desks, vehicles and all other capital equipment associated with the provision of PEG programming and access.
Fiscal period shall mean a calendar year beginning January 1 of each year.
Franchise shall mean an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 626 of the act), issued by the city, whether such authorization is referred to as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable system in the city. All franchises shall be nonexclusive.
Franchise acceptance agreement shall mean the document executed by the grantee as set forth in section 18 of this ordinance.
Installation shall mean the connection of the system from feeder cable to subscribers' terminals.
License shall mean that document issued by the city clerk evidencing approval of a franchise application by the city commission.
National Electrical Code shall mean the edition of the National Electrical Code most recently adopted and amended by the city commission.
Other services shall mean those services provided by the grantee using the cable system, or a part thereof, excluding cable services. "Other services" shall not include services of grantee not related, directly or indirectly, to the cable system.
Outage shall mean the complete or partial loss of signal, whether audio or visual, or the provision of signal substantially below the technical standards required in this ordinance.
Pay television shall mean the delivery over the cable system of video signals in intelligible form to residential subscribers for a fee or charge (over and above the charge for basic service) on a per program, per channel or other subscription basis.
Property of grantee and other reference to property in grantee's control shall mean all property owned, installed or used by a grantee in the conduct of a cable business in the city under the authority of a franchise granted pursuant to this ordinance.
Representations made in the application process shall mean all material representations of the applicant, its officers, employees, agents and representatives in the form of documents submitted as part of, incidental to, or pursuant to the application process involved in a request for an initial franchise, a renewal, or a transfer; and all material representations made by the applicant, its officers, employees, agents and representatives made at cable staff meetings, hearings or meetings of the city commission relating to request for an initial franchise, a renewal, or transfer.
Requirements of this ordinance or provisions of this ordinance shall mean the specific provisions of this ordinance, including the representations made in the application process for the approval of a franchise, transfer or renewal.
Right-of-way shall mean a way or place of whatever nature, publicly held and presently opened or established (by plat or otherwise) to be opened to the use of the public for purposes of vehicular travel. "Public right-of-way" shall include streets, roads, highways and alleys.
Satellite master antenna system (SMATV) shall mean a facility which includes a set of closed transmission paths and associated signal generation, reception and control equipment which is not franchised and serves only subscribers in one or more multiple-unit dwelling or residential areas under common ownership, control or management, not using public rights-of-way.
Satellite master antenna system operator shall mean a person providing cable services or cable-related services over a SMATV system.
Service shall mean the provision of cable services and other services to the ultimate consumer.
Strand mile shall mean a linear mile measured on the surface of the ground above or below the cable strand as such would be or is installed.
Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, right-of-way, or drive, now or hereafter existing as such within the city.
Subscriber shall mean a person lawfully using or receiving cable services or other services from grantee.
Technician shall mean an employee, contractor or agent of the grantee with the skills to perform, and who is available to perform, construction, repair and maintenance of the cable system, including the facilities and equipment installed by or for the grantee necessary to provide services or signal to the subscriber or user of the system.
U.N.C.L.E. shall mean the utility notification center liaison excavators.
Violation shall mean a violation of the terms of this ordinance; or a breach of the contractual, implied contractual, or contractual-in-fact relationship established pursuant to this ordinance or the representations made in the application process.
West Orange County shall mean the areas served by grantee in Orange County west of the city limits of Orlando.